Police Powers: Stop And Search – Ss1–7 Police And Criminal Evidence Act 1984 (PACE); PACE Code A; Misuse Of Drugs Act 1971; Terrorism Act 2000 (Copy)

1.2.4 Police Powers

Stop and Search – ss.1–7 Police and Criminal Evidence Act 1984 (PACE); PACE Code A; Misuse of Drugs Act 1971; Terrorism Act 2000

Introduction

• Stop and search powers are some of the most visible and controversial aspects of policing in England and Wales.
• They allow police officers to stop individuals in a public place and search them (and sometimes their vehicles) for prohibited items.
• Purpose: to prevent crime, detect crime, and protect public safety.
• Balance required:
  • Empower police to act proactively against crime.
  • Protect individual rights under the Human Rights Act 1998 (Article 5 – liberty, Article 8 – privacy, Article 14 – non-discrimination).
• The key statutory bases:
  • PACE 1984, ss.1–7 and Code A.
  • Misuse of Drugs Act 1971.
  • Terrorism Act 2000.

PACE 1984, ss.1–7 and Code A

• General Power (s.1 PACE):
  • Police may stop and search any person or vehicle in a public place if they have reasonable suspicion that they will find:
    • Stolen property.
    • Prohibited articles (e.g., offensive weapons, burglary tools).
    • Items made/adapted for use in theft, burglary, or criminal damage.
  • Extended to cover fireworks, spray paint, and other prohibited items by later legislation.
• Limits of Power:
  • Reasonable suspicion must be based on objective grounds, not personal prejudice.
  • Cannot be based solely on generalisations about race, age, appearance, or clothing.
  • Code A of PACE provides guidance:
    • Reasonable suspicion cannot be based on stereotypes.
    • Must rely on specific intelligence, behaviour, or circumstances.
• Conduct of Search (PACE Code A):
  • Officer must state:
    • Name and police station.
    • Legal power being used.
    • Reason for the search.
    • What they are looking for.
  • Person should be searched with dignity and respect.
  • Strip searches allowed only in private and with higher authorisation.
• Safeguards:
  • Search records must be made, including details of reason, outcome, and officer.
  • Person is entitled to a copy of the record.

Written and Compiled By Sir Hunain Zia, World Record Holder With 154 Total A Grades, 7 Distinctions and 11 World Records For Educate A Change AS Level Law Full Scale Course

Misuse of Drugs Act 1971

• Section 23: Gives police power to stop and search a person or vehicle if they have reasonable suspicion of possession of controlled drugs.
• Frequently used in practice – large proportion of stop and searches involve suspected drug possession.
• Same safeguards as PACE apply (reasonable suspicion, recording, dignity).

Terrorism Act 2000

• Provides extended stop and search powers for anti-terrorism purposes.
• Section 44 (repealed in 2012 after ECtHR ruling in Gillan and Quinton v UK (2010)):
  • Previously allowed suspicionless searches in designated areas.
  • Ruled unlawful as breach of Article 8 ECHR (privacy).
• Current powers (under ss.47A–47S Terrorism Act 2000, amended):
  • Police may stop and search without reasonable suspicion if a senior officer authorises it in a specific area to prevent terrorism.
  • Must be time-limited and geographically limited.
• Controversial due to risk of discrimination and arbitrary use.

Written and Compiled By Sir Hunain Zia, World Record Holder With 154 Total A Grades, 7 Distinctions and 11 World Records For Educate A Change AS Level Law Full Scale Course

Case Law on Stop and Search

• R v Bhuller (1995): Stop and search invalid where police acted without reasonable suspicion.
• Michaels v Highbury Corner Magistrates (2009): Courts emphasised the need for officers to comply strictly with Code A safeguards.
• Gillan and Quinton v UK (2010): ECtHR ruled suspicionless stop and search under Terrorism Act 2000 unlawful as disproportionate under Article 8 ECHR.
• Roberts v Commissioner of Police of the Metropolis (2015): Supreme Court upheld “suspicionless” stop and search under s.60 Criminal Justice and Public Order Act 1994 as compatible with ECHR, provided safeguards were in place.

Evaluation of Stop and Search

Strengths

• Enables proactive prevention and detection of crime.
• Useful in tackling drugs, weapons, and terrorism threats.
• Provides visible reassurance to the public.
• Safeguards under PACE and Code A protect against abuse.

Weaknesses

• Disproportionate use against ethnic minorities (Home Office data shows persistent over-representation of Black and Asian individuals).
• Risk of damaging police–community relations.
• Subjective nature of “reasonable suspicion” may lead to abuse.
• Terrorism Act powers criticised for undermining civil liberties.

Comparative Overview of Statutes

Conclusion

• Stop and search powers give police vital tools for tackling crime, but must be exercised lawfully and proportionately.
• PACE 1984 and Code A provide the main framework with safeguards, requiring reasonable suspicion and transparency.
• The Misuse of Drugs Act 1971 expands powers for drug-related offences, while the Terrorism Act 2000 adds exceptional powers for national security.
• The balance between public safety and civil liberties remains at the heart of ongoing debates over stop and search.

Written and Compiled By Sir Hunain Zia, World Record Holder With 154 Total A Grades, 7 Distinctions and 11 World Records For Educate A Change AS Level Law Full Scale Course